Revolutionary War Pension and Bounty Land Warrant Application File S. 18384, Josiah Dunavant, Va.

SERVICE
NUMBER _____
W.
Dumavant, Ksiak or Dumnabant
S 18384
leaded
CONTENTS

Virginia 16.900--
Isiah Linnane of Kentucky in the State of Vir- who was a / 2 1/2 in the by Captain — of the Regt by Col. T. Pickett in the the line for the — — — —
Inscribed on the Roll of Virginia at the rate of 50. Dollars — Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 12 th day of Oct 3 Jeffries Store, Nottawaway - Co - Va.
Arrears to the 4th of Sept. 1833. 200- Semi-ant. allowance ending 4 Mar. 36 40
524-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. P. Buel — Clerk Book E Vol. 62 Page 9
Dear J.

No 24076 Josiah Dunavant Nottoway Co Virginia-
13 3/4 13 3/4 13 3/4
Romula a puerale Dip. 1880 80 1.94 80 160 111 270 165.86
Applicant Jeffersonville Post Office Nottoway Co Virginia

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Josiah Dunavant of Volklings Co. Va.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     enlisted July 1774 12 Private Capt M Markham 78 years Traditional evidence.   discharged 1777 Col Bullett on his first service he does not state when he began in his second he states   up - 1781 6 months Corporal Major Polson 78 years   March 81 Lucas Christfield Co. Va.   enlisted - Capt M Markham   Genl Lafayette   Genl Washington  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. ☞ This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the years, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
William H. Harrison John C. Calhoun

State of Virginia, Spottsylvania County to wit.
On this 1 st day of March 1882, personally appeared in court, before the justices of the county court of the said county of Spottsylvania now sitting, Isaac Dunnington a resident of the said county aged 78 years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed 7 th June 1832.
That he entered the service of the United States under the following named officers, and served as herein stated to wit: That he enlisted in the regular army of the United States for twelve months in August 1774 with Captain John Markham, a regular officer of the United States, and was stationed at Norfolk in 1775 he was attached to the 1 st Virginia, then commanded by Colonel Pennington, Major Spotswood and Lucas, he declares positively that he served out the whole period of his enlistment of twelve months at Norfolk and Elizabeth river in or near the borders of North Carolina and that he was in Norfolk as a soldier in the said regular army at the time the said town of Norfolk was burnt by the British, at the expiration of his term he was marched up to Williamsburg and discharged.
That in 1776 he was drafted from the militia of Spottsylvania county, and served at three several periods during that year, with Capt. George Markham at Hampton, Norfolk Williamsburg and the waters of James York river for a term, positively not less than six months. That he afterwards was required to march a second time under Capt. George Markham & Lieut. Moody in 1778. in the month of March, and continued in service until the month of November following, during said term was in a skirmish or battle at Petersburg & also was at the surrender of Gen. Wallis at Yorktown in 1781. Gen. Lafayette commanded the forces at Petersburg & also at Yorktown. That General Gen. Washington was commander in chief at Yorktown. That he has no documentary evidence of his above stated service, that he was born on the 1 st September 1755. had family no, register of his age, but has always heard his father and mother say he was born on the day before aforesaid.
That Thomas Richardson a clergyman in his neighborhood and William Mann — can testify as to his character for veracity and their belief of his services as a soldier of the revolution, that he was born in the county of Amelia and raised in the county of Spottsylvania and resides at present in the said county of Spottsylvania. He hereby relinquishes every claim

whatever to a pension or account except the present, and declares that his name is not on the pension roll of the army of any state. Sworn to and subscribed the day and year aforesaid.
his Conrad mark
We Thomas Richardson a chapsman and William Mann residing in the neighborhood of Saint Dammarie, are a resident of the County of Nottoway and the other a resident of the County of Prince Edward do hereby certify that you will be acquainted with the said Conrad Dammarie who truthfully and sworn to the above and foregoing declaration that we believe him to be 78 years of age, that he is reputed and believed in his neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion. Sworn to and subscribed the day and year aforesaid.
Thomas Richardson William his Mann mark
and the said court doth hereby declare their opinion after the investigation of the matter and after putting the interrogations presented to the war department, that the above named applicant was a military soldier and served as the state, and the court further certifies that it appears to them that Thomas Richardson a chapsman resides at the in the County of Prince Edward near the line of Nottoway and that William Mann is a resident of the said County of Nottoway and an credible person and that their statement is entitled to credit.
W. H. D. [Signature] W. H. D. [Signature] Mason H. Henson George N. Searcy
Virginia, Nottoway county, to wit:
I, Francis Fitzgerald clerk of the county court of the aforesaid county of Nottoway in the State of Virginia, do hereby certify, that the foregoing

foregoing contains the Original proceedings of the said County Court in the matter of the application of Josiah Dunnavant for a pension.
In testimony whereof, I have hereunto set my hand and Seal of Office this 11 th day of March 1833.
F. Fitzgerald
Josiah Dunnavant

8 18384 INVALID.
am
File No. 18,384
Josiah Dewart
Rev Rev
Act: June 7 th 32
Index:—Vol. 1 , Page 441
[Arrangement of 1870.]

The affidavit of Moses Ferguson taken this 5 th day of September in the year of 1833 in the County of Chesterfield to prove the Military services of Josiah Dunavant formerly of the County aforesaid but now a Resident of Nottoway County Va.
I Certify that I lived a near neighbour to Josiah Dunavant when he lived in Chesterfield County Va., and know he enlisted in the Continental Army about the commencement of the war, and served for one year, that being the time of enlistment. Given under my hand in Chesterfield County Virginia this 5 th Sept. 1833.
M o ses Ferguson
Chesterfield County to Wit: The above affidavit was sworn and subscribed to before me a justice of the peace for the said County on the above date by Moses Ferguson which is a respectable man, and due credit ought to be given to his certificate. Given under my hand and seal this 5 th day of Sept. 1833.
William Ellis J.P.

Virginia; Chesterfield County court clerk's office.
I Parke Poindexter clerk of the county court of Chesterfield, in the State of Virginia do hereby certify that William Tellis whose name is affixed to the within certificate is and was at the time of signing the same an acting justice of the peace in and for the county aforesaid, duly commissioned and qualified as such, and that his signature thereto is genuine.
In testimony whereof I have hereunto set my hand and seal of office this sixth day of September anno Domine one thousand eight hundred and thirty three and in the 58 th year of our Independence.
Parke Poindexter Clerk

I Nathaniel Puckett of Chesterfield County do certify and declare that I was acquainted, and lived near neighbour to Jonah Duncant formerly of Chesterfield County but now a Resident of Nottoway County Va. I served with him in a tour of duty of three months under Capt. George Markham and the said Duncant served his full tour of duty in the Militia in the army of the Revolution. Given under my hand this 5 th day of Sept. 1833.
Chesterfield County to Wit
Nathaniel Puckett his mark
I William Ellis a justice of the peace for the County aforesaid and State of Va do certify that the above Certificate was sworn and subscribed to before me, and that due credit is due to his affidavit as he is a man of respectability. Given under my hand this date above
William Ellis J.P.

Virginia; Chesterfield county court clerk's office.
I Parke Ponderox clerk of the county court of Chesterfield, in the State of Virginia, do hereby certify that William Elliott whose name is affixed to the within certificate, is, and was at the time of signing the same an acting Justice of the peace in and for the county aforesaid, duly commissioned and qualified as such and that his signature thereto is genuine.
In testimony whereof I have hereunto set my hand and seal of Office this sixth day of September anno Dom: one Thousand eight hundred and thirty three and in the 58 th year of our Independence.
Parke Ponderox Clk

The affidavit of William Mann taken and sworn to before me a justice of the peace for the County of Nottoway This affiant saith that he is well acquainted with Josiah Dumaine that he served several tours of duty with him in the old revolutionary war at Milton Williamsburg Hampton at Col d Carys house and several other places not recollected at this time - That the whole services I am positive was twelve months or upwards. this affiant was a near neighbour to the said Dumaine and that he was drafted in the County of Chesterfield and further this affiant saith not -
Wm his Mann mark
Subscribed and sworn to before me this fourth day of July Eighteen hundred and thirty three and I can also state that I have long been acquainted with the said Mann and conceive him to be a credible witness
Sam l B. Siter

State of Virginia, Nottoway County, to wit:
I, Francis Fitzgerald, clerk of the county court of the said County of Nottoway in the State of Virginia, do certify, that Samuel B. Seton, who has given the within certificate is now and was at the time of subscribing the same, a justice of the peace in and for the said county. Given under my hand the eighth day of July One thousand eight hundred and thirty three, with the seal of the said County Court. Annexed.
Francis Fitzgerald

State of Virginia
Attorney General, Sept. 3
Personally appeared before me the undersigned a justice of the peace for the County aforesaid Isaiah Dumarant, who being sworn, deposed and saith, that by reason of old age and the consequent loss of memory, he cannot swear positively, as to the precise length of his service, but according to the best of his recollection, he served not less than the periods mentioned below and in the following grades:
For twelve months I served positively as a private in Capt Markham's company of regulars at Norfolk, Elizabeth river & the neighborhood of Norfolk, at the termination of my service was marched up to Williamsburg and discharged, this service was positively at the time Norfolk was burnt, the deponent further states that when his original declaration was made out, and his reexamination by the County Court of Attorneys, he did state his service to have commenced in August 1774. which then, was his belief, but he now believes he was mistaken, as to that date, inasmuch as he knows positively that this service was performed by him at the time Norfolk was burnt, his service he believes now to have commenced in August 1775. since it appears that Norfolk was burnt in January 1776.
For six months he also served in the militia, drafted from Chesterfield County to assist Capt Geo. Markham & Lieut Moody in the fall 1777 and 78.
From the 15 th March 1781. he also served until the 15 th December 1781. under Capt Geo Markham. at Petersburg and York town & the waters of James river.
The deponent further states that in his first service he resided in Chesterfield County, and was born in the 5 th County of Amelia  Chesterfield in the 9 th September 1758. and also resided in the 5 th County of Chesterfield, during the whole of the revolutionary war.

The deponent further states that William Mann a revolutionary soldier and pensioner, is the only living witness, that he now knows of, who can depose to any testimony of his services as a soldier of the revolution, that all of his officers is either dead or removed and further this deponent saith not.
Is Josiah K. Duncant mark
Sworn & Subscribed to before me, one of the Commissioners Justice of the Peace for the County of Botetourt, this 1 st day 8 th day of July 1833.
George A. Seay
State of Virginia, Botetourt County, to wit:
I, Francis Fitzgerald, Clerk of the county court of the said county of Botetourt in the state of Virginia, do certify, that George A. Seay, Esquire, who given the foregoing certificate is a justice of the peace in and for the said county.
Given under my hand with the seal of the said court annexed the 8 th day of July One thousand eight hundred and thirty three.
Francis Fitzgerald.